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Boards & Commissions VACANCIES AND APPLICATIONS FOR CITY OF DUBUQUE BOARDS AND COMMISSIONS For Council Meeting of Monday, March 4, 2002 6:30 P.M., Public Library Auditorium APPLICANTS ARE INVITED TO ADDRESS THE COUNCIL ON THEIR POSSIBLE APPOINTMENT COMMUNITY DEVELOPMENT ADVISORY COMMISSION 1 3-year term which will expire 2-15-05 for Census Tract 2 (Vacant – was M. Kelley) 1 3-year term which will expire 2-15-05 for Census Tract 5 (Term of D. Shireman) 1 3-year term which will expire 2-15-05 for At Large (Term of W. Pregler) 3 VACANCIES APPLICANTS: (Census Tract 5) st Dan Shireman, 382 E. 21 St. At Large Walter A. Pregler , 2966 Shiras CITY OF DUBUQUE BOARDS AND COMMISSIONS * Denotes Chairperson For Information: 589-4120 REVISED 02 19 02 LONG RANGE PLANNING ADVISORY AIRPORT COMMISSION - 4 Yr. TermENVIRONMENTAL STEWARDSHIP COMMISSION, Meets 3rd Wed., 7 p.m., Lib. Meet 3rd Monday 4:00 p.m - AirportADVISORY COMMISSION - 3 Yr. Term Roy D. Buol (Council Member) 07-01-02 Meet 1st Tues. 4:00 p.m. City Hall Annex *Rick C. Goodin 09-14-02 Terry Duggan (Alt. C. Member) 07-01-02 John Markham (Council Member) 01-15-03 Briana Tully (Youth) 06-01-02 Michael E. Portzen 07-01-02 Teri Goodmann 09-14-04 William L. Niemann 10-01-02 David Rusk 07-01-02 Douglas Brotherton 09-14-05 Art Sunleaf 10-01-02 Richard Stein 07-01-03 Jim O’Neill 09-14-05 Leslee Spraggins 10-01-03 *Mary Lynn Neumeister 07-01-03 David B. Czarnecki 10-01-03 AIRPORT ZONING COMMISSION Floyd Schneider 07-01-04 * Michael J. Buelow 10-01-04 6 Yr. Term - Apptd. 1996 Charles Winterwood, MD 07-01-04 John Nemmers 10-01-04 Steve Horsfield (Appt) 01-03-02 MECHANICAL CODE BOARD HISTORIC PRESERVATION COMMISSION Jeffery S. Gaber (City) 01-03-02 3 Yr. Term - Meet on Call Appt. 3 Yr. Term, Meet 1st & 3rd Linda Lucy (County) 01-03-02 Harlan J. Willenborg (Pipefitter) 03-16-00 Thursday, 5:00 p.m., Library Janet Reiss (County) 01-03-02 Paul Brashaw (Refrig. Con.) 03-16-01 Jeff Stiles (City) 01-03-02 Audrey Henson (Old Main) 07-01-02 (Engr.) 03-16-01 *Terry L. Mozena (Langworthy) 07-01-02 AIRPORT ZONING BOARD OF *David W. Grothe (Sht. Metal Wkr.) 03-16-02 Christopher J. Wand (Arch/At Lge) 07-01-02 ADJUSTMENT Tom W. Giese (Sht. Metal Wkr.) 03-16-02 Kenneth C. Kringle (Cathedral) 07-01-03 5 Year Term - Meet on Call Todd Geisler (Pipefitter) 03-16-03 Jim Gibbs (At Large) 07-01-03 (Apptd.) (Refrig. Wkr.) 03-16-04 Pamela Bradford (W. 11th) 07-01-04 James Bauerly (City) 02-15-01 PARK AND RECREATION Suzanne M. Guinn (Jackson Pk) 07-01-04 Vicki Bechen (City) 02-15-01 ADVISORY COMMISSION HOUSING COMMISSION Darlene Burds (County) 02-15-01 3 Yr. Term - Meets 2nd Tues. 4:30 Library 3 Yr. Term, Meet 4th Tues. 4:30 p.m. Ron Koppes (County) 02-15-01 Tom Blocklinger 06-30-02 1805 Central BOARD OF APPEALS - BUILDING CODE Thomas J. Schrobilgen 06-30-02 Harry Neustadt 08-17-02 Appt. 3 Yr. Term - Meet on Call Kim Daykin 06-30-03 08-17-02 Ronald D. Jahns (Jrny.Carp.) 08-01-01 Chuck Duggan 06-30-03 Thomas P. Swift II 08-17-02 F. James Kolf (Arch/Engr.) 08-01-01 Karen C. Lyness 06-30-04 Danise R. Miller (Sec. 8) 08-17-03 Steven J. Gudenkauf (At Large) 08-01-02 Gary L. Harjehausen 06-30-04 Dorothy Culbertson 08-17-03 Chuck Carr (Gen. Cont.) 08-01-03 *Paul Hoffmann, D.D.S. 06-30-04 * Jim Holz 08-17-03 Richard G. Luchsinger (At Large) 08-01-03 PLUMBING BOARD John J. Plein 08-17-03 BOARD OF REVIEW 3 Yr. Term - Meet on Call Char Eddy 08-17-04 Appt. 6 Yr. Term - Meet May 1-30 (B.S.Degree) 11-02-01 John L. Henning 08-17-04 John F. Ganshirt 01-01-02 Stanley G. Gonner (Master) 11-02-02 David J. Kapler 08-17-04 Ruth Ann Hanson 01-01-02 Harlan J. Willenborg (Master) 11-02-02 HOUSING ADVISORY TRUST FUND Donald Lochner 01-01-04 Dan Harris (At Large) 11-02-03 COMMITTEE - 3 Yr. Term - Meet 6x a Year Robert Schaub 01-01-05 Paul Papin (Jrnyman) 11-02-03 Harry Neustadt (Frm Hsg.) 09-08-02 Greg Hutchinson 01-01-05 TRANSIT BOARD OF TRUSTEES , 3 Yr. Doris M. Hingtgen (At Large) 09-08-03 CIVIC CENTER COMMISSION Term, Meet Bimonthly, 2nd Thurs. Library. John V. Walsh (At Large) 09-08-04 Appt. 3 Yr. Term - Meet 4:30 p.m. George T. Enderson 07-30-02 John Henning (Frm. Hsg.) 09-08-04 3rd Monday at Five Flags Joel Lightcap 07-30-02 * Jim Holz (Frm. Hsg.) 09-08-04 Gary P. Dolphin 06-29-03 Michael W. Sand 07-30-02 HOUSING CODE APPEALS BOARD * Cynthia A. Fuller 06-29-03 *H. J. Bemis 07-30-03 3 Yr. Term - Meets 3rd Tuesday, Hsg Ofc Mark M. Nauman 06-29-04 Don Stedman 07-30-04 David Althaus 01-11-03 Michael Brannon 06-29-04 TV CABLE REGULATORY COMMISSION Thomas G. Swift 01-11-03 Rod Bakke 06-29-04 3 Yr. Term, Meets 2nd Wed. 5:30 Annex * Robert Schaub 01-11-04 CIVIL SERVICE COMMISSION Ronald Tigges 06-30-02 William J. Kinsella 01-11-04 Appt. 4 Yr. Term - Meet on Call Walter Webster 06-30-02 Edward A. Swift 01-11-04 Loras Kluesner 04-06-02 *Charlie Ellis 06-30-03 Thomas A. Hannan 01-11-05 Richard Wertzberger 04-06-04 06-30-04 Robert L. Sampson 01-11-05 * Merle J. Duehr, Jr. 04-06-05 Michael W. Pratt 06-30-04 HUMAN RIGHTS COMMISSION COMMUNITY DEVELOPMENT TV CABLE COMMUNITY 3 Yr. Term, Meets 2nd Mon. 4:15 Annex ADVISORY COMMISSION TELEPROGRAMMING COMMISSION Marty OShea 01-01-03 == nd Meet 2 Thursday, 7 P.M. 3 Yr. Term, Meet 1st Tues. 5:30 Annex Charles F. Ryan 01-01-03 Harry Neustadt (Housing) 02-15-02 Anthony Allen 06-30-02 *Katherine V. Stevens 01-01-03 Dan Shireman (C. Tr. 5) 02-15-02 David A. Wanamaker 06-30-02 Raydora Drummer 01-01-04 * Walter Pregler (At. Large) 02-15-02 Sr. Carol Hoverman 06-30-02 Judith Haley Giesen 01-01-04 Charles Isenhart (Cs. Tr. 1) 02-15-03 06-30-03 Evelyn E. Jackson 01-01-04 Thomas Wainwright (At Large) 02-15-03 06-30-03 Sr. Corine Murray PBVM 01-01-05 Jim Giesen (At Large) 02-15-04 Jennifer L. Tigges 06-30-03 Lou Oswald 01-01-05 Richard J. Sullivan (C. Tr. 3) 02-15-04 Paul R. Kohl 06-30-04 Bill Ross 01-01-05 Paula Maloy SVM (C. Tr. 10) 02-15-04 ZONING ADVISORY COMMISSION INVESTMENT OVERSIGHT ADVISORY (C. Tr. 2) 02-15-05 3 Yr. Term, Meets 1st Wed. 6:30 Library COMMISSION - 3 Yr. Term - Meet Quarterly ELECTRICAL CODE BOARD Martha E. Christ 07-01-02 Charles Spielman 07-01-02 3 Year Term; Meet Every 3 Months Richard J. Schiltz 07-01-02 *Paul Lassance 07-01-03 *James Dixon (Elec. Con.) 05-21-02 Ron Smith 07-01-02 Hiram Melendez 07-01-03 Dan Hammel (Jour/Maint) 05-21-02 Stephen Hardie 07-01-03 Gary Ruden 07-01-04 Kevin Pfohl (Jour/Main) 05-21-02 Ben Roush 07-01-03 Stephen V. Reisdorf 07-01-04 David A. Pregler (At Lg) 05-21-02 * Eugene J. Bird, Jr. 07-01-04 LIBRARY BOARD OF TRUSTEES Elaine L. Reiss (Elec. Engr.) 05-21-02 Jeff Stiles 07-01-04 4 Yr. Term, Meets 4th Thurs. 4:00 - Library ENTERPRISE ZONE COMMISSION ZONING BOARD OF ADJUSTMENT Sue Lindsay 07-01-03 3 Year Term Meet On Call 5 Yr. Term; Meet 4th Thurs. Library Kevin Lynch 07-01-03 (IDED) 2-15-02 Frederick R. Beeler 03-25-02 J. L. Felderman 07-01-05 Daniel White (NICC) 2-15-02 Jim Urell 03-25-03 Michael Shubatt 07-01-05 Doug Buswell (At Large) 2-15-03 William M. Gasper 03-25-04 *Kristen L. Smith 07-01-05 Dan LoBianco (At Large) 2-15-03 * Michael A. Ruden 03-25-05 Mary L. Strom 07-01-05 Doug Stillings (At Large) 2-15-03 Randall J. Klauer 03-25-06 Thomas A. Tully 07-01-05 Andrea Muntz (Workforce Ctr.) 2-15-04 * Rick Stein (Long Range Comm) 2-15-04 Dave Baker (Intl Labor) 2-15-04 == 4/7/95 Dock Bd. Deleted Mike Van Milligen (Council Rep) 2-15-05 CITY OF DUBUQUE, IOWA BOARD/COMMISSION APPLICATION FORM Individuals serving on Boards and Commissions play and important role in advising the Council on matters of interest to our community and its future. The City Clerk's Office, City Hall, 50 W. 13th St., Dubuque, IA accepts application for any Board and/or Commission at any time, and that application stays active for one year from the date of receipt in the Clerk's Office. At the appropriate regularly scheduled council meeting, applications will be submitted to the City Council for their review and applicants are encouraged to address the Council stating their reasons for wanting to serve on this particular commission. Applicants will be advised when the application is being presented. Appointment to the Board or Commission will be made at a later meeting. Applicants will then be notified as to the outcome of the Council's action. If not appointed at that time, this application will be resubmitted, as needed, as long as the application is active (unless the applicant advises they are no longer interested) DATE: 2 - 11 - 02 ADVISORY BOARD/COMMISSION APPLYING FOR:Community Development Commissions - Census Tract 5 NAME: Dan Shireman ADDRESS: 382 E. 21st St. Dbq. BUSINESS: Art Pape Transfer ADDRESS: 1080 E. 12th St. Dubuque OCCUPATION: Driver POSITION WITH COMPANY: Driver HOME PHONE: 563 556 52 69 BUSINESS PHONE: 563 583 5382 EXPERIENCE, EDUCATION WHICH QUALIFIES YOU FOR THIS BOARD/COMMISSION: I have been a member of the Community Development Commimssion for several years. I feel I qualify for this Board as a result of my participation and experience doing so. WHAT CONTRIBUTIONS CAN YOU MAKE OR STATE REASON FOR APPLYING: The years I have served on the Board have been very rewarding. I have gained much knowledge and understanding on the Function of this Board, along with its importance to our community. LIST TWO REFERENCES: NAME: Audrey Morey ADDRESS: 2545 Elm St. Dbq., IA 52001 NAME: Carol Dunlap ADDRESS: 2152 Kliene St. Dub. 52001 Specific attention should be directed to possible conflict of interest. For further clarification, if a situation arises, contact the appropriate Staff or Legal Staff. Are you currently serving on a City Board or Commission: Yes SIGNATURE: /s/ Dan Shireman If questions, contact the City Clerk's Office, City Hall, 50 W. 13th St., Dubuque, IA 52001. Phone (563) 589 4120. ALL NAMES WILL BE DROPPED FROM THE LIST AFTER A ONE YEAR PERIOD. CITY OF DUBUQUE, IOWA BOARDICOMMISSION APPLICATION FORM individuals serving on Boards and Commissions play an important role in advising on matters of interest to our community and its future. The City Clerk's Office, City Hall, accepts applications for any Board and/or Commis~on a~ny time, and that application stays active for one year from the date of receipt in the Clerk's Office. At the appropriate regularly scheduled council meeting, applications will be submitted to the City Council for their review and applicants are encouraged to address the Council stating their reasons for wanting to serve on this particular commission. Applicants will be advised when the application is being presented. Appointment(s) will be made at a later meeting, Applicants will be notified as to the outcome of the Council's action. If not appointed at that time, this application will continue to be resubmitted, as needed, as long as the application is active (unless the applicant advises they are no longer interested). ADVISORY BOARD/COMMISSION APPLYING FOR: C_~/~f~ ~ ~J ;'~/ J~'~JC/o.~ vY/[NT- ~,~/~///~, ~=,'~'~,¢,/ NAME: ~)V'~-VL} ~'~/'//"'~Z'~,4,"z--/ ADDRESS: ~-~¢~ ~-~'. ~/~/~. ~/-/~z-~'~'- ~)L~;~ BUSINESS: ~/~- ~P,C T'/~,q~/" OCCUPATION: ~; ~ ~_,. ~,~, HOME PHONE: .~-~-,,~- -..-~--T-~- ~"~ ~ ~ ADDRESS: /'~ ~-. /~ /-,¢ ~-~/Z~'~-~'~ /,~/~ POSITION WITH COMPANY: ~/~' ~/~ BUSINESS PHONE: ~-G,~- ~-~-~-~, EXPERIENCE, EDUCATION AND TRAINING WHICH YOU FEEL QUALIFY YOU FOR THIS BOARD/ COMMISSION: WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING)-~'/J¢ ,~,>.~ ..~ ~(.,,~ ,~,~v'u c ~ ~ +~ ~o~ ~ ~ ~/Z / LIST TWO REFERENCES: Specific attention should be dir~ted to possible conflict of interest. For fu~her clarification, if a situation arises, contact the appropriate Staff personnel or Legal Staff. Are you currently serving on a City Board o[ Commission: ' If questions, contact the City Clerk's Office, City Hall, 13th & Central, Dubuque, IA 52001 Phone:SiGNATURE _~x~ ~589'4120; ALL NAMES WILL BE DROPPED, FROM THE LIST AFTER A ONE YEAR PERIOD. CITY OF DUBUQUE, IOWA BOARD/COMMISSION APPLICATION FORM Individuals serving on Boards and Commissions play and important role in advising the Council on matters of interest to our community and its future. The City Clerk's Office, City Hall, 50 W. 13th St., Dubuque, IA accepts application for any Board and/or Commission at any time, and that application stays active for one year from the date of receipt in the Clerk's Office. At the appropriate regularly scheduled council meeting, applications will be submitted to the City Council for their review and applicants are encouraged to address the Council stating their reasons for wanting to serve on this particular commission. Applicants will be advised when the application is being presented. Appointment to the Board or Commission will be made at a later meeting. Applicants will then be notified as to the outcome of the Council's action. If not appointed at that time, this application will be resubmitted, as needed, as long as the application is active (unless the applicant advises they are no longer interested) DATE: 2/6/02 ADVISORY BOARD/COMMISSION APPLYING FOR: Community Development. Comm. NAME: Walter A. Pregler ADDRESS: 2966 Shiras Ave. BUSINESS: ADDRESS: OCCUPATION: Retire POSITION WITH COMPANY: HOME PHONE: 563 583 5855 BUSINESS PHONE: EXPERIENCE, EDUCATION WHICH QUALIFIES YOU FOR THIS BOARD/COMMISSION: Been there and doing it. WHAT CONTRIBUTIONS CAN YOU MAKE OR STATE REASON FOR APPLYING: Have had nearly 30 years of exp. LIST TWO REFERENCES: NAME: Dave Baker ADDRESS: 14th & Jackson NAME: Dan White ADDRESS: 3450 Central Specific attention should be directed to possible conflict of interest. For further clarification, if a situation arises, contact the appropriate Staff or Legal Staff. Are you currently serving on a City Board or Commission: Yes SIGNATURE: /s/ Walter A. Pregler If questions, contact the City Clerk's Office, City Hall, 50 W. 13th St., Dubuque, IA 52001. Phone (563) 589 4120. ALL NAMES WILL BE DROPPED FROM THE LIST AFTER A ONE YEAR PERIOD. ,, CITY OF DUBUQUE, IOWA BOARD/COMMISSION APPLICATION FORM ~dividuals serving on Boards and Commissions play an important role in advising the Council on matters of interest to our community and its future. The City Clerk's Office, City Hall, accepts applications for any Board and/or Commission at any time, and that application stays active for one year from the date of receipt in the Clerk's Office. At the appropriate regularly scheduled council meeting, applications will be submitted to the City Council for their review and applicants are encouraged to address the Council stating their reasons for wanting to serve on this particular commission. Applicants will be advised when the application is being presented. Appointment(s) will be made at a later meeting. Applicants will be notified as to the outcome of the Council's action. If not appointed at that time, this application will continue to be resubmitted, as needed, as long as the application is active (unless the applicant advises they are no longer interested). DATE: ~./~ j~ ~-- ADVISORY BOARD/COMMISSION APPLYING FOR~d/~/~/~//7-~Y ~'~>, ~ ~/~/~ ~ BUSINESS: OCCUPATION: HOME PHONE: ADDRESS: ~-~ ADDRESS: POSITION WITH COMPANY: BUSINESS PHONE: EXPERIENCE, EDUCATION AND TRAINING WHICH YOU FEEL QUALIFY YOU FOR THIS BOARD/ COMMISSION: ~-/~' 7-~'~&-- ~'~ ~/~ ~ / WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING) ADDRESS: ADDRESS: LIST TWO REFERENCES: NAME: ,~_/~ ,,~/// Specific attention should be directed to possible conflict of interest. arises, contact the appropriate Staff personnel or Legal Staff. Are you currently serving on a City Board or Commission: ' ~/~__~ If questions, contact the City Clerk's Office, City Hall, 13th & Central, Dubuque, IA 52001 589-4120; ~,LL NAMES WILL BE J~.OPPED FROM THE LIST AFTER A ONE YEAR PERIOD. For further clarification, if a situation COMMUNITY DEVELOPMENT § 15.4~ corporation counsel whenever it is determined that such waiver would be in the best public interest. (1976 Code, § 111/2-127) Sees. 15-38-15-45. (Reserved) ARTICLE IV. COMMUNITY DEVELOP. MENT ADVISORY COMMISSION Sec. 15-46. Created; Composition: There is hereby created a Community Devel- opment Advisory Commission whose primary purpose shall be to provide for citizen participa- tion in the development and evaluation of the City of Dubuque's Community Development Block Grant ("CDBG") program. The Commission shall consist of nine (9) members; five (5) of which shall be residents of one of each of the five (5) census ~racts with the lowest median household inc6me as determined by the U.S. Department of Commerce, Bureau of the Census; three (3) of which shall be resi- dents of the community at large; and one of which shall be a member of the Housing Com- mission designated by the Housing Commission. (Ord. 83-92, 11-2-1992; Ord. 88-95, §5, 12-18-199~, elf, 1-1-1996) Sec. 15-47. Application And Appointment Prooess: The process of appointment to the Commis- sion by the City Council shall include at least the following elements: (1) Submission of an application form con- tnining the requested information on the qualifications and expectations of the applicant; and (2) Notice to and an opportunity for the general public to comment, in writing, on the qualifications of each applicant; and ($) A formal interview by the City Council to determine the applicant's qualifications and ability to serve effectively on the Commission. Individuals who, by their professional or personal experience or interest, are knowledge- able of the development needs of the community at large and of low and moderate income per- sons in particular shall be considered qualified to serve on the Commission, subject to City Council review and consideration of other appli- cable information. (Ord. 83-92, 11-2-1992) Sec. 15.48. Term; F/lling Of Vacancies; Compensation: The term of office for a Commission member shall be three (3) years except as set forth be- low. The initial terms of the Commission shall be as follows: (1) For each of the five (5) residents of the five (5) census tracts with the lowest median household income as determined by the U.S. Department of Commerce, Bureau of the Census; one shall be ap- pointed for an initial term of one year, two (2) shall be appointed for an initial term of two (2) years; two (2) shall be appointed for an initial term of three (3) yearS, (2) For the three (3) community at large residents; one shall be appointed for an initial term of one year, one shall be appointed for an initial term of two (2) years, and one shall be appointed for an initial term of three (3) years. (3) For the one member of the Housing Com- mission designated by the Housing Com- mission, the initial term shall be one year. A Commission member may be removed at any time with or without cause by a vote of two- thirds (2/3) of all members of the City Council. Supp. No. 29 941 DIfBU~UE OODE § 15-48 A vacancy occurring on the Commission caused by resignation or otherwise, shall be filled by appointment of the City Council for the remainder of the unexpired term. Members of the Commission shall serve with- out compensation except for actual expenses, which shall be subject to approval by the City Council. (Ord. 83-92, 11-2-1992) Sec. 15-49. Duties And Responsibilities; General: The Commission shall have the following duties and responsibilities: (1) To conduct public hearings in accordance with the minimum standards established in the CDBG program's citizen participa- tion plan to ensure meaningful citizen input in the planning, implementation and assessment of the City's CDBG pro- (2) To provide for and encourage the partici- pation of low and moderate income per- sons who reside in designated areas of slum and blight and residents of low and moderate income neighborhoods, as de- fined by the City Council, in the plan- ning, implementation and assessment of the CDBG program; (3) To identify community development needs, particularly the needs of persons of low and moderato inceme; (4) To serve in an advisory role upon the request of the City Council in policy decisions regarding funding priorities and program development and implemen- tation; (5) To monitor and evaluate program activi- ties to advise whether identified commu- nity development objectives have been met; (6) To undertake public information efforts to educate the citizenry of the avaHabili- (7) ty of CDBG funded programs and to provide for a greater understanding of the City's community development ef- farts; and To assist in the preparation of the state- ment of community development objec- tlves and projected use of funds, amend- ments thereto and required reports in- cluding, but not limited to, the annual grantee performance report (GPR) and the annual comprehensive housing assis- tance strategy (CHAS); (8) To serve in an advisory role to the City Manager in the review of complaints and grievances received in accordance with the procedures established herein in Section 15-52; (9) To support, upon request, the efforts of the City Council and other City commis- sions in the assessment of the general development needs of the community. The City Council shall have the autl~ority to establish or revise the priorities of the Commis- sion. (Ord. 83-92, 11~2-1992) Sec. 15-50. Duties And Responsibilities; GTievnnce Procedure~ Review Standards; A?peal Process; The Commission shah participate in the fol- lowing described grievance procedure estab- lished by the City Council for the community development block grant program. (1) All complaints regarding the community development block grant (CDBG) pro- gram shall be handled in accordance with the following described grievance procedure. Any aggrieved person shall file a grievance with the City Manager. Grievances shall be filed in a timely manner and must be received by the City Manager within one year of the alleged occurrence. Supp. No. 29 942